This article discusses general aspects of community property in California. The principles set forth below, however, can be changed by a premarital agreement. A premarital agreement is commonly referred to as a prenup or prenuptial agreement, and is often used by spouses to determine property rights during marriage and upon divorce.

All property acquired by married persons while domiciled in California is classified as either community property or separate property. Generally the California marital property system is based on the principle that the husband and wife contribute equally to the accumulation of wealth during a marriage regardless of their respective salaries or income. In the absence of a premarital agreement (aka prenuptial agreement), all property acquired during marriage by the labor of either the husband or wife is community property that is (more…)

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